Customs car seizure unlawful - court

A husband and wife have won a High Court ruling that Customs and Excise acted unlawfully when they seized a £3,000 private car used to transport alcohol and tobacco bought during a cross-Channel shopping expedition.

In a decision affecting hundreds of other similar cases, two judges ruled that the seizures breached the rights of Ian and Jennie Newbury, of Worton Road, Isleworth, Middlesex.

The seizures had taken place because one of the passengers in the car, Phyllis Reed, admitted buying tobacco and cigarettes which were not for her own personal use but paid for by other members of her family.

But seizing the car and the purchases made by Mrs Reed's fellow travellers for their own use because they happened to be in the same vehicle was "unlawful and disproportionate".

The judge described how Mr Newbury, 52, arrived back at Dover with three passengers driving the Austin Montego belonging to his 42-year-old wife.

The car was randomly stopped by a Customs officer, and Mrs Reed, now deceased, admitted buying 30 pouches of tobacco and 600 cigarettes which were not for her own use.

The judge said: "She had been given the money to purchase them by her daughter and son-in-law, who had not travelled."

Mr Newbury had told his passengers that they could only buy goods for their own consumption, or as gifts.

Lady Justice Hale agreed with Customs lawyers that forfeiture could be ordered when UK duty had not been paid on excise goods held for others who had provided the money to buy them. But she upheld a Maidstone Crown Court ruling in August last year that the courts were entitled to outlaw the forfeiture of the vehicle - later sold by Customs - and items other people in the car had bought for their own use.